DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-9, 10-17, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laine et al. (US Pub. 20170118204 A1).
Laine discloses the following limitations:
An earbud, comprising:
a pressure sensor configured to generate pressure samples when the earbud is inserted at least partially in an ear canal of an ear of a first user (para. 24);
a profiler configured to generate a first biometric marker from the pressure samples (para. 40);
a comparer configured to generate a first comparison result based on a comparison of the first biometric marker with a first stored biometric marker associated with an authorized user of the earbud, the first stored biometric marker indicative of an in-ear biometric profile of the authorized user (para. 45); and
an authenticator configured to perform an authentication of the first user based at least on the first comparison result (para. 45).
3. The earbud of claim 1, further comprising:
an acoustic sensor configured to generate acoustic samples when the earbud is inserted at least partially in the ear canal of the first user, the acoustic sensor configured to measure acoustic reflections in the ear canal (para. 23);
wherein the profiler is configured to generate a second biometric marker from the acoustic samples (para. 23);
wherein the comparer is configured to generate a second comparison result based on a comparison of the second biometric marker with a second stored biometric marker associated with the authorized user, the second stored biometric marker indicative of an in-ear acoustic profile of the authorized user (para. 45); and
wherein the authenticator is configured to perform an authentication of the first user based at least on the first and second comparison results. (para. 33-34)
4. The earbud of claim 1, wherein the earbud includes an outer case portion and an inner case portion, the outer case portion configured to be positioned exterior to the ear canal in conjunction with the inner case portion being positioned in the ear canal; wherein the inner case portion comprises pressure sensors, including the pressure sensor, in at least a partial ring around a circumference of the inner case portion.(Figs. 2A, 2B)
5. The earbud of claim 1, wherein the earbud includes an outer case portion and an inner case portion, the outer case portion configured to be positioned exterior to the ear canal in conjunction with the inner case portion being positioned in the ear canal; and wherein the outer case portion comprises pressure sensors that include the pressure sensor. (Figs. 2A, 2B)
6. The earbud of claim 1, wherein the earbud includes an inner case portion, an outer case portion, and a compression fitting formed by or coupled to the outer case portion, wherein the compression fitting is configured to contact a concha cymba of the ear of the first user in conjunction with the inner case portion positioned in the ear canal and the outer case portion positioned exterior to the ear canal; wherein the compression fitting is configured to transfer contact pressure from the concha cymba to the pressure sensor. (Figs. 2A, 2B, para. 24)
7. The earbud of claim 1, wherein said authenticator configured to perform an authentication comprises the authenticator configured to: authenticate the first user as the authorized user; and enable at least one function of the earbud. (para. 34)
8. The earbud of claim 7, wherein said authenticator configured to enable comprises the authenticator configured to perform at least one of: adjusting at least one audio setting of the earbud; or playing audio during a phone call on a device communicatively coupled with the earbud. (para. 36, 30)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Laine and further in view of Khaleghimeybodi et al. (US Pub. 20230240609 A1).
Regarding claims 2, 10 and 18, Laine discloses a heartbeat sensor configured to (para. 26); wherein the profiler is configured to generate a second biometric marker from the (para. 26); wherein the comparer is configured to generate a second comparison result based on a comparison of the second biometric marker with a second stored biometric marker associated with the authorized user, the second stored biometric marker indicative of an in-ear (para. 26); and wherein the authenticator is configured to perform an authentication of the first user based at least on the first and second comparison results (para. 33-34).
Although Laine teaches measuring heartbeat using a heartbeat sensor to be used in authentication, it does not specifically teach that the heartbeat sensor is measuring blood volume in the samples. However, this subject matter is known and used in the art of measuring biometrics in headsets as evidenced by Khaleghimeybodi (see para. 43). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Khaleghimeybodi with the disclosure of Laine as a known alternative way of measuring the heartbeat in a user’s ear.
Regarding claims 9-16, the subject matter claimed pertain to method steps that correspond to the system elements of claims 1-8 and thus rejected for the same analysis. Implementing the system would have necessitated carrying through the method steps as recited.
Regarding claims 17-20, they merely recites a computer program that when executed, performs the functional steps of method claims 9-16, and thus, rejected for the same rationale. (para. 53)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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WILLIAM A. CORUM JR
Primary Examiner
Art Unit 2433
william.corum2@uspto.gov
/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433